Gatto v Australian Broadcasting Corporation & Ors

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[2022] HCATrans 197

IN THE HIGH COURT OF AUSTRALIA

Office of the Registry
  Melbourne  No M29 of 2022

B e t w e e n -

DOMENIC GATTO

Applicant

and

AUSTRALIAN BROADCASTING CORPORATION

First Respondent

NINO BUCCI

Second Respondent

SARAH FARNSWORTH

Third Respondent

Application for special leave to appeal

GORDON J
EDELMAN J
GLEESON J

TRANSCRIPT OF PROCEEDINGS

AT CANBERRA AND BY VIDEO CONNECTION

ON FRIDAY, 11 NOVEMBER 2022, AT 10.30 AM

Copyright in the High Court of Australia

____________________

GORDON J:   In accordance with the protocol for remote hearings, I will announce the appearances of the parties.

MR G.O’L. REYNOLDS, SC appears with MR D.A. WARD and MR C.C. PORTER for the applicant.  (instructed by Lennon Lawyers)

MR M.J. COLLINS, KC appears with MR S. MUKERJEA for the respondents.  (instructed by ABC Legal)

GORDON J:   Yes, Mr Reynolds.

MR REYNOLDS:   Your Honours, I need an extension of time.  We were a day late.  I have been told that that is not opposed.

GORDON J:   You have that leave, Mr Reynolds.

MR REYNOLDS:   Thank you, your Honour.  Your Honours, this case raises four questions of law relating to the law of defamation.  I submit each is important – indeed, of critical importance in that area of the law.  Each arises in all Australian jurisdictions.  On three out of the four of those points, there is no decision of this Court.  On three out of the four, there is a divergence between intermediate Courts of Appeal.  And all four questions of law relate to the critical question of law, which arises in every defamation case; namely, how the tribunal of fact determines if a publication conveys defamatory imputations.

In addition to those four issues of law, we submit that the decision of the Victorian Court of Appeal rejecting all six imputations is, with all due respect, a grave and manifest injustice warranting visitation.  All six imputations were, we submit, clearly conveyed.  And again, with respect, the Victorian Court of Appeal conducted no adequate examination of the facts; dealt with all six imputations in under two pages; provided no adequate basis for rejecting the meanings, and with respect, the reasoning is exiguous.

Can I deal with the first issue of law which arises, which relates to what has been called the “single meaning rule”, which has adopted – if I can take your Honours to page 71 of the application book, at paragraph 41 of the judgment, where it stated in the last four lines that: 

The question . . . is what is the single or dominant meaning which the trier of fact believes was actually conveyed –

which they refer to as the “single meaning rule”.  If your Honours go to paragraph 44 on the following page, the word “select” is used in the first line.  So, the trier of fact has to select the dominant meaning, and only one meaning.  We say there are two important questions here.  First of all:  is there such a rule?  We submit that…

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Details
Case
[2022] HCATrans 197
Decision Date

CaseChat Overview and Summary

Gleeson J of the Federal Court of Australia considered a dispute between the applicant, Mr Gatto, and the respondents, the Australian Broadcasting Corporation and others. The proceedings concerned allegations of defamation arising from a television program broadcast by the ABC.

The central legal issue before the court was whether the television program contained defamatory imputations concerning Mr Gatto. Specifically, the court had to determine if the broadcast conveyed meanings that would tend to lower Mr Gatto in the estimation of right-thinking members of society, expose him to hatred, ridicule, or contempt, or cause him to be shunned or avoided.

Gleeson J analysed the content of the television program and the context in which it was broadcast. The judge applied the established legal principles of defamation, including the test for identifying defamatory imputations and the concept of the ordinary reasonable viewer. The court considered the natural and ordinary meaning of the words and images used, as well as any implied meanings that might be conveyed. The judge found that certain imputations conveyed by the program were defamatory of Mr Gatto.

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Background

Background to the litigation

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Evidence

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Decision

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Ratio Decidendi

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